This Application collects some Personal Data from its Users.

YONMING AUTO & INDUSTRIAL PARTS SDN BHD and its subsidiaries (collectively referred to as “YONMING”) respect and are committed to the protection of your personal data and your privacy. This Privacy Policy (“this Policy”) explains how we collect and handle your personal data through the use of YONMING mobile Application (“Application”). Please note that YM may amend this Policy at any time without prior notice.

FULL POLICY

(1) Personal Data

a)Type of personal data

• Personal data means any information which relates to you and which was collected or provided to YONMING for the purposes stated in this Policy.
• Personal data may include (but will not be limited to) your name, contact details, address, identification card number, passport number, nationality, race, birth date, age, gender, financial and banking account details, closed circuit television (“CCTV”) or security recordings, images (photographs and video recordings),biometric information, location tracking or global positioning system (“GPS”) information, vehicle information.
• In addition to the above, if you are using this Application, personal data may also include approximate location permission (non-continuous), phone permission, precise location permission (non-continuous) and storage permission.

b)Source of personal data

Customer or potential customer: YONMING collects your personal data directly from you or indirectly from third parties, your employer or searches carried out or information obtained from any regulatory or credit reporting agency. For example:

• when you contact us directly through YONMING’s authorised dealers, distributors and / or branches; 
• when you contact us directly through YONMING ‘s website and / or customer service team, for example, upon enquiry of our products and / or services; 
• when you are using YONMING ‘s mobile applications; 
• through marketing activities or events, for example surveys conducted at road shows, exhibitions and / or business card collections via fish bowl method;
• through third parties such as our business partners and / or your agents;
• through regulatory authorities; and
• through cookies from the use of YONMING ‘s website and / or YONMING ‘s mobile applications.

c)Obligatory personal data:

• All information requested from you is obligatory to be provided by you unless stated otherwise. 
• Should you fail to provide the obligatory information, we may be unable to:
• provide you with the relevant product or services requested for; or 
• process the relevant commercial transactions.

d)Purposes for collecting and further processing (including disclosing) your personal data:

Customer or potential customer: Your personal data is collected and further processed as required or permitted by law and to give effect to your requested commercial transaction, including the following:

• to process your order to purchase our products and / or services;
• to provide you with the services or information requested;
• to contact you regarding product information, services, upcoming events, promotions, advertising, marketing and commercial materials which we feel may interest you*;
• to provide you with after-sales services;
• for YONMING ‘s internal records management;
• to carry out market analysis and research and customer profiling to gauge the market trends;
• to provide you with customer support;
• to facilitate your participation in any contest, event and / or membership programme;
• to ensure that the content of YONMING ‘s website is presented in the most effective manner for you and for your computer and / or device; 
• to improve the quality of YONMING ‘s products and /or services;
• to provide assistance on your loan application and / or insurance related matters in relation to the purchase of our products;
• to operate our premises in a manner which is physically safe, secure and befitting of health and safety requirements;
• to support the business, financial and risk monitoring, planning and decision making of YONMING; 
• for internal investigations, audit or security purposes; and
• to comply with YONMING ‘s legal and regulatory obligations in the conduct of its business.

*You may opt-out from receiving such marketing or promotional material at any time. You may select the “unsubscribe” option provided in YONMING ‘s email blasts / short message services (“SMS”) blasts or you may contact YONMING at the details provided in Section (10) below.

When using any of YONMING ‘s mobile applications, any use of Cookies – or of other tracking tools – by YONMING ‘s mobile applications or by the owners of third-party services used by YONMING ‘s mobile applications serves the purposes of providing the services required by you, in addition to any other purposes described in this Policy and in the section relating to Cookies below.

Please note that you are responsible for any third-party personal data obtained, published or shared through YONMING ‘s mobile application and by doing the same, you confirm that you have obtained the third party’s consent to provide the personal data to YONMING.

(2) Mode and place of processing the Personal Data

a)Methods of processing

YONMING takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of your personal data.

The personal data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to YONMING, in some cases, the Personal Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Personal Data Processors by YONMING. The updated list of these parties may be requested from YONMING at any time.

b)Legal basis of processing

YONMING may process Personal Data relating to you if you have given your consent for one or more specific purposes.

Note: Under some legislations YONMING may be allowed to process Personal Data until you object to such processing (“opt-out”), without having to rely on consent or any other legal bases.

This, however, does not apply, whenever:

• the processing of Personal Data is subject to European data protection law;
• provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
• processing is necessary for compliance with a legal obligation to which YONMING is subject;
• processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in YONMING;
• processing is necessary for the purposes of the legitimate interests pursued by YONMING or by a third party.

In any case, YONMING will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

(3) Place, Disclosure and Transfer of Personal Data

Your personal data is processed at YONMING’s operating offices and in any other place where the parties involved in the processing are located.

Depending on your location, personal data transfers may involve transferring your personal data to a country other than your own. If any such transfer takes place, you can find out more by inquiring with YONMING using the contact information provided in Section (10) below.

Your personal data provided to us may also be disclosed to the following classes of third parties (within Malaysia unless otherwise) required under the law pursuant to relevant contractual relationship (for example, where we appoint third party service providers) or for the purposes or directly related to the purposes stated in this Policy:

• potential or actual purchasers, successors-in-title of the business or share (wholly or in part) of YONMING (including their advisers and representatives) as a result of a potential, proposed or actual sale of business, disposal, acquisition, merger or re-organisation;
• YONMING authorised dealers, YONMING distributors and YONMING parts suppliers
• our business partners such as insurance companies, banks and financial institutions;
• government departments or agencies, statutory authorities and industry regulators;
• any person to whom we are compelled or required to do so under law or in response to a competent or government agency;
• law enforcement agencies; and
• third parties appointed by us to provide services to us or on our behalf (such as auditor, lawyer, company secretary, service providers, printing company, telecommunications company, contractor, events and training organisers and other advisers).

(4) Websites

a)Links to other sites

Links to other sites may be provided on YONMING ‘s website or Application for your convenience and information. These sites may have their own privacy statement and YONMING does not control, recommend or endorse these sites and YONMING will not be held responsible for these sites or their contents. As such, YONMING encourages you to read the privacy policies of these sites.

b)Location enabled products or applications

Location enabled products or applications transmit your location information to us. YONMING will not use the information sent or provided by you for any other purposes other than to provide the services you requested. Location enabled features are opt-in and you have control over your participation and can turn these services off at any time or uninstall them. Some mobile applications will utilise Google Analytics (or a similar tool) to help YONMING better serve you through improved products, services and revisions to the mobile applications. The information collected will not allow YONMING to identify you. It may, however, let us know anonymously, the services and products most searched by you within the application as well as device type used and your country of origin.

c)Cookies

• In processing your information, cookies, which is a text file placed into the memory of your computer, may be used. YONMING is able to use these cookies to identify you. YONMING may be able to collect the following information during your visit to our website and / or the fully qualified domain name from which you accessed our site, or alternatively, through your internet protocol (“IP”) address:
• the date and time in which you accessed our website;
• the URL of any webpage from which you accessed our website; and
• the web browser which you are using and the pages which you have accessed.
• Some websites may require you to provide a limited amount of information in order to obtain the services you requested (i.e. name, email address, contact number). This personal data will only be used for its intended purpose only, i.e. to respond to your message or deliver the requested service.

(5) Mobile Application(s)

a)Device permissions for personal data access

Depending on your specific device, YONMING ‘s this Application may request certain permissions that allow it to access your device data described below.

By default, these permissions must be granted by you before the respective information can be accessed. Once the permission has been given, it can be revoked by you at any time. In order to revoke these permissions, you may refer to the device settings or contact YONMING for support at the contact details provided in the present document.

The exact procedure for controlling application permissions may be dependent on your device and software.

Please note that the revoking of such permissions might impact the proper functioning of YONMING ‘s mobile application.

If you grant any of the permissions listed below, the respective personal data may be processed (i.e accessed to, modified or removed) by YONMING ‘s mobile applications.

b)Approximate location permission (non-continuous)

Used for accessing your approximate device location. YONMING ‘s mobile applications may collect, use, and share your location data in order to provide location-based services.

Your geographic location is determined in a manner that is not continuous. This means that it is impossible for YONMING ‘s mobile applications to derive your approximate position on a continuous basis.

The Application may access your location to provide location-based services and relevant functionalities, such as navigation and locating nearby service providers. Location tracking is enabled only with your consent and can be
disabled at any time through your device settings.

c)Phone permission

Used for accessing a host of typical features associated with your phone. This enables, for instance, read-only access to the “phone state”, which means it enables access to the phone number of the device, current mobile network information, or the status of any ongoing calls.

d)Storage permission

Used for accessing shared external storage, including the reading and adding of any items.

e)System logs and maintenance

For operation and maintenance purposes, YONMING ‘s mobile application and any third-party services may collect files that record interaction with YONMING ‘s mobile application (System logs) and use other personal data (such as the IP Address) for this purpose.

f)How “Do Not Track” requests are handled

YONMING ‘s mobile application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honour the “Do Not Track” requests, please read their privacy policies.

g) Biometric Authentication (Fingerprint and Face ID)

The Application may request access to biometric data such as fingerprint and facial recognition (Face ID) to authenticate user identity for secure access to the Application’s features. Biometric data is stored only on your device and is not accessible to YONMING or any third parties.

h)Saved Passwords

With your permission, the Application may access saved password information on your device to expedite login and authentication processes. Password data remains encrypted and is not stored by YONMING

(6) Right to Access and Correct Personal Data

You have the right to access, verify, update and correct your personal data held by us. We will make every endeavour to ensure your personal data is accurate and up-to-date therefore we ask that if there are any changes to your information you should notify us directly via the contact details provided in Section (10) below.

You will also have the right, under certain circumstances, to restrict the processing of your personal data. In this case, YONMING will not process your personal data for any purpose other than storing it.

If you would like to access your personal data, please send a query to the contact details in Section (10) below. If you would like to correct your personal data, please contact us at the details provided in Section (10) below.

In relation to YONMING ‘s mobile application, you will have the right to receive your data in a structured, commonly used and machine-readable format, and if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the data is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.

(7) Legal action (Governing Law and Compliance with Malaysian PDPA)

This Privacy Policy and any disputes arising from or related to it are governed by and construed in accordance with the laws of Malaysia. YONMING is committed to complying with Malaysia’s Personal Data Protection Act 2010 (PDPA), which regulates the processing of personal data in commercial transactions.

By using this Application and providing your personal data, you consent to the collection, use, and processing of your data in compliance with the PDPA and other applicable laws of Malaysia. In the event of any inconsistency between this Privacy Policy and the PDPA, the provisions of the PDPA shall prevail.

a)     Overseas Data Transfers

Under the PDPA, personal data collected in Malaysia may not be transferred to jurisdictions outside of Malaysia unless such jurisdictions have been approved by the Minister. Exceptions to this restriction include:

-The data subject has provided consent to the transfer; 

-The transfer is necessary for the performance of a contract between the data subject and the data user;

-The data user has taken all reasonable steps and exercised due diligence to ensure that the personal data will not be processed in a manner that would contravene the PDPA; or

-The transfer is necessary to protect the data subject’s vital interests.

Your personal data may be used for legal purposes by YONMING in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.

You declare to be aware that YONMING may be required to reveal personal data upon request of public authorities.

(8) Retention period

The personal data collected shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

• Personal data collected for purposes related to the performance of a contract between YONMING and you shall be retained until such contract has been fully performed;
• Personal data collected for the purposes of YONMING ‘s legitimate interests shall be retained as long as needed to fulfil such purposes. You may find specific information regarding the legitimate interests pursued by YONMING within the relevant sections of this document or by contacting YONMING.
• YONMING may be allowed to retain personal data for a long period if consent has been obtained for such processing, so long as such consent is not withdrawn. Furthermore, YONMING may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, personal data shall be deleted. Therefore, the right to access, verify, update and correct your personal data cannot be enforced after the expiry of the retention period.

(9) Limiting the processing of personal data and further enquiries

YONMING endeavors to take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the personal data.

If:

• you would like to obtain further information on how to limit the processing of your personal data; or
• you would like to make an enquiry or have any requests in respect of your personal data;

you may write to us at ymhq@yonming.com  or call us at +603-92129730

In any case, YONMING will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

(10) Right to Access and Correct Personal Data

We may from time to time amend the terms of this Policy, at our absolute discretion, to ensure that this Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. Subject to your rights at law, you agree to be bound by the prevailing terms of this Policy as updated from time to time on our platform at https://www.yonming.com/yonming-super-apps-privacy-policy . You are encouraged to visit the above website from time to time to ensure that you are well informed of our latest policies in relation to Privacy Policy.